Another rape case vs Vhong Navarro dismissed

MANILA, Philippines - The Department of Justice (DOJ) has dismissed for lack of probable cause, the rape complaint filed against TV host Ferdinand “Vhong” Navarro by bikini tilt contestant Roxanne Cabañero.

In a 13-page joint resolution issued last September 8, but only received by Navarro’s lawyers on September 30, Assistant State Prosecutor Chrsitine Perolino - who is also the acting City Prosecutor of Pasig City – said Cabanero’s claim that she was raped by Navarro while inside the TV host’s car on the night of Apr. 24, 2010 was doubtful.

“A careful examination of complainant’s allegations reveal circumstances that are contradictory, suspicious, and of doubtful nature,” said part of the joint resolution.

Perolino in particular questioned how Cabanero could have easily recognized Navarro’s car when she was allegedly fetched by the host from the Astoria Plaza hotel in Ortigas Center between 10:30 p.m. and 11:00 p.m. of Apr. 24, 2010.

“Complainant (Cabanero) admitted that when she boarded respondent’s car, it was the first time that she introduced herself to respondent. However she alleged that when she went down from the hotel for respondent to pick her up, she was able to identify respondent’s car and she was even the one to approach his vehicle. Thus, question arose as how she was able to identify respondent’s car when it was only the first time that she had introduced herself to him when she boarded the respondent’s car,” said the resolution in part.

“The only first instance that she personally saw respondent was their guesting in the latter’s noontime show and therefore, how could she easily identify respondent’s car,” the resolution added.

In dismissing the complaint, the resolution also questioned Cabanero’s delay in the filing of the rape complaint against Navarro.

Perolino said in the resolution that a rape charge is rendered doubtful if the delay is unreasonable and unexplained.

“The alleged incident happened in 2010 but it was only in 2014 that complainant filed the rape charge against the respondent…In the instant case, there was no reasonable justification or explanation why it is only now that complainant filed the complaint for rape and thus, casts doubt to its credibility,” said the resolution.

Perjury case junked, too

Meanwhile, Navarro’s complaint of perjury against Cabanero in connection with her rape complaint, was also dismissed by the DOJ also for lack of probable cause.

Navarro had accused Cabanero of committing perjury when she allegedly made false assertions in her complaint-affidavit and in the investigation data form she had executed under oath.

In her complaint, Cabanero said the alleged rape happened in Pasig City near the Astoria Hotel between 11 p.m. and 1 a.m. on Apr. 24, 2010. Navarro, however, said that during the time the alleged rape was committed, he was at Island Cove in Binakayan, Kawit, Cavite.

However, Perolino said a careful evaluation of the evidence presented showed that there was no sufficient basis to support a finding that respondent (Cabanero) made a willful and deliberate assertion of a falsehood.

“It is settled jurisprudence that perjury cannot be willful where the oath is according to belief or conviction as to its truth. A false statement of a belief is not perjury. A false statement of a belief which is obviously the result of an honest mistake is not perjury,” said Perolino.

Cabanero earlier claimed that the perjury complaint that Navarro filed against her was premature. She also argued that she could not recall the exact date the rape allegedly happened in 2010.

It would be recalled that Cabanero filed her complaint of rape against Navarro before the Pasig City Prosecutor’s Office last February 19. The complaint was however transferred to Perolino for preliminary investigation with the issuance of DOJ Department Order No. 526 on April 7.

It would be recalled that another rape complaint filed against Navarro by model Deniece Cornejo was also dismissed by the DOJ.

Meanwhile, the judicial dispute resolution sessions on the grave coercion case filed by Navarro against Cornejo, businessman Cedric Lee and several others have been ordered terminated by Taguig City Metropolitan Trial Court Branch 74 Judge Bernard Bernal.

Navarro’s lawyer, Alma Mallonga said the last JDR session last Thursday lasted for about an hour and a half. Mallonga said the pre-trial for the grave coercion case was scheduled by the court on October 16.